Crown appeals aquittal

By
CLD Merriman
on February 24, 2003

Manitoba Court of Appeal, 25 September 2002
Philip Mann was questioned by police officers acting on a description of a break and enter suspect. In a pat-down search they found a 27.5-gram bag of marijuana. The trial judge concluded that the marijuana was the product of an unreasonable search, and excluded the evidence. Mann was acquitted of possession for the purpose of trafficking. The Crown appealed.

The Court of Appeal found that the temporary detention was justified, given that Mann fit the suspect’s description. The pat-down search for weapons was necessary for carrying out the police duties of preserving the peace, preventing crime and protecting life. A new trial was ordered.